The Minister may send a request which complies with the provisions set out in 3 to the Commissioner of the Garda Siochana for action. The Minister must be satisfied that any evidence furnished in response to the request will not be used for any purpose other than that specified in the request without the Minister\u2019s consent and that the evidence will be returned or destroyed once no longer required.<\/p>\n
If the evidence is not in the possession of the Garda Siochana, a member of the Garda Siochana shall inform the person from whom the evidence is required of the nature of the evidence, that it has been requested in connection with criminal proceedings or a criminal investigation in another state, of his or her right to refuse to provide the evidence and that if consent is not given, this fact may be used in proceedings in the designated state.<\/p>\n
The Act provides for the taking of the evidence following consent. It provides for the giving of identification evidence by a person in prison. Such evidence may only be taken if it relates to an offence other than that for which the person is in prison. Intimate bodily samples may only be taken by a doctor and dental impressions by a doctor or dentist. The Act provides for forensic testing of certain specified samples. The Act lays out provisions for the taking of hair samples. The Act outlines the particulars that must be recorded when identification evidence is taken.<\/p>\n
There are provisions for the transmission of identification evidence to the requesting authority and for the destruction of the evidence in certain circumstances and for the possible extension of time limits in relation to destruction.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Search for Evidence The provisions are based on those contained in the Criminal Justice Act 1994. A judge may issue a letter to another state requesting assistance in obtaining evidence where it appears to him or her that criminal proceedings have commenced or a criminal investigation is underway in another state and where pertinent evidence […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[378],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27852"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=27852"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27852\/revisions"}],"predecessor-version":[{"id":30342,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27852\/revisions\/30342"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=27852"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=27852"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=27852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}